ARTINFO, October 24, 2010, 2:28 pm
by Jason Edward KaufmanWarhol Foundation Lawyers Quash Antitrust Lawsuit
The biggest legal brawl in the art world is coming to a crashing halt

NEW YORK - The closely watched federal lawsuit in which a private collector is suing the Andy Warhol Foundation and its subsidiary Art Authentication Board is about to reach an abrupt and unexpected end. Joe Simon, the London-based American whose 2007 complaint challenges the board’s rejection of the authenticity of the 1964 Warhol self-portrait that he owns, says that he and his lawyer, Seth Redniss of New York, will withdraw from the case at the next hearing, scheduled for November 10 in federal court in the Southern District of Manhattan. A parallel lawsuit in which Redniss is counsel, filed last year by U.S. collector Susan Shaer after the rejection of a self-portrait from the same series, also will be dropped, says Simon.

It’s one of the most famous arguments in all of art theory: Arthur Danto’s claim that Andy Warhol’s Brillo Box sculptures represent the "end of art," because they don’t have any distinguishing features -- it’s just art because the artist says it is. Well, the Andy Warhol Authentication Board begs to differ. In a 27-page encyclical (available for perusal courtesy the L.A. Times’ Christopher Knight), the board rules that a slew of more than 100 boxes are of dubious authenticity, essentially fabrications by free-wheeling Swedish curator and sometime Warhol collaborator Pontus Hulten (1924-2006). The board also lays out precise formal guidelines designed to separate the real Brillos from the clones.